Fill Out The Form To Be Connected Instantly to the Patent Infringement Attorney Needed In Your Case!
Ready to talk to someone about an intellectual property matter in Goldsboro? The form above connects you directly, no need to read everything below first.
Your Goldsboro Intellectual Property Attorney
If you are trying to protect an invention, a brand, or a creative work in Goldsboro, or you have been accused of infringing someone else’s, you probably want plain answers about deadlines, courts, and what each kind of protection covers. Federal statutes set most of them, so many answers can be checked. This page covers the deadlines, the definitions that decide whether something is protected, the federal district court for Wayne County, and the North Carolina rules that sit next to the federal ones. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Intellectual Property Rules at a Glance
- A patent case is a federal case. The district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents (28 U.S.C. 1338(a)), and infringement damages are limited to the six years before the complaint (35 U.S.C. 286).
- Even an unregistered mark can be protected against false designation of origin, through a civil action by anyone who believes they are likely to be damaged (15 U.S.C. 1125(a)(1)).
- Copyright covers expression, not ideas: original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), but never an idea, procedure, process, system, or method of operation (17 U.S.C. 102(b)).
- Trade secrets get a federal civil action when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), filed in federal district court (18 U.S.C. 1836(c)).
- Federal district: for Wayne County, the Eastern District of North Carolina under 28 U.S.C. 113, holding court in Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.
Patents, Trademarks, Copyrights, and Trade Secrets Compared
If you have made something new and useful, such as a device, a process, a manufactured article, or a composition, a patent is the tool the statute provides (35 U.S.C. 101). The grant runs from issuance to 20 years after the application was filed (35 U.S.C. 154(a)(2)).
Under 15 U.S.C. 1127, a trademark is any word, name, symbol, or device, or a combination, that identifies and distinguishes one person’s goods from another’s and indicates their source, and a service mark performs that function for services.
Copyright protects expression, not ideas. The subject matter is original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and protection does not extend to any idea, procedure, process, system, or method of operation, however it is described (17 U.S.C. 102(b)).
Trade secret protection depends on two things: the owner took reasonable measures to keep the information secret, and the information has independent economic value because it is not generally known or readily ascertainable (18 U.S.C. 1839(3)). Formulas, methods, processes, programs, and codes can all qualify.
How Long Do You Have to Bring a Claim?
Under 17 U.S.C. 507(b), a civil copyright action must be commenced within three years after the claim accrued, and under 17 U.S.C. 411(a) the copyright claim for a United States work must be registered, or registration refused, before that action is instituted.
Trade secret claims under federal law must be filed within three years of discovery, or of when reasonable diligence would have revealed the misappropriation, and continuing misappropriation is one claim (18 U.S.C. 1836(d)).
For patent damages, the look-back is six years from the complaint (35 U.S.C. 286), which is separate from the 20-year patent term measured from the filing date (35 U.S.C. 154(a)(2)).
Do not assume that a state-law claim follows the federal deadlines. North Carolina’s limitation periods and the point when a claim accrues are matters of North Carolina statutes and case law, and an attorney can check the dates for your particular claim.
Protecting your work in Goldsboro? Get matched with an attorney now.
What to Do Before a Dispute Starts
The Lanham Act sets two routes to the principal register: use in commerce (15 U.S.C. 1051(a)(1)) and a bona fide intention to use (15 U.S.C. 1051(b)(1)). Each requires an application, a verified statement, and the prescribed fee.
Federal registration is not the only route. North Carolina’s trademark registration provisions, the Trademark Registration Act, Article 1 of N.C. Gen. Stat. chapter 80, provide for a state filing with the North Carolina Secretary of State that operates separately from the federal register.
For copyright, protection attaches to original works fixed in a tangible medium (17 U.S.C. 102(a)), but before an infringement suit on a United States work can be instituted, preregistration or registration of the copyright claim must have been made (17 U.S.C. 411(a)). A work created on or after January 1, 1978 lasts for the life of the author plus 70 years (17 U.S.C. 302(a)).
A patent application starts the 20-year term (35 U.S.C. 154(a)(2)), and the invention must fit a statutory category such as a process, machine, manufacture, or composition of matter (35 U.S.C. 101). An attorney can review both points before you file.
Which Court Handles a Claim From Goldsboro
The choice of court depends on the type of claim. Patent and copyright cases can only be filed in federal district court (28 U.S.C. 1338(a)), a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)), and trademark claims can go to federal or state court.
Under 28 U.S.C. 113, North Carolina’s counties are grouped into three federal districts. For Wayne County, the court is the Eastern District of North Carolina, and it holds court in Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.
How North Carolina Law Fits In
A misappropriated trade secret can support a federal claim under 18 U.S.C. 1836(b) when it is connected to interstate or foreign commerce, and it may also support a claim under the Trade Secrets Protection Act (N.C. Gen. Stat. 66-152 to 66-157). The state and federal claims are separate.
Beyond the federal Lanham Act, a brand owner in Goldsboro can look to North Carolina’s own trademark registration system. Filings are made with the North Carolina Secretary of State under the Trademark Registration Act, Article 1 of N.C. Gen. Stat. chapter 80, and a state filing does not replace a federal application.
Choosing between state and federal claims, or bringing both, is something an attorney should decide after reviewing what happened and what proof exists.
The Claims Behind Most Intellectual Property Disputes
Claims That a Patent Is Being Infringed
Patent disputes turn on the patent’s claims and on conduct listed in 35 U.S.C. 271(a), namely making, using, offering to sell, selling, or importing a patented invention without authority.
Because the six-year damages limit in 35 U.S.C. 286 runs back from the complaint, delay can reduce what is recoverable.
Disputes Over Names, Logos, and Brands
Brand disputes often involve both a registered mark and one that has never been registered. Registered marks are protected against likely confusion under 15 U.S.C. 1114(1)(a), and 15 U.S.C. 1125(a)(1) covers false designation of origin more broadly.
A person who believes he or she is or is likely to be damaged can bring the civil action under 15 U.S.C. 1125(a)(1).
Protecting Creative Work
For writing, images, music, or film, copyright protects the original expression fixed in a tangible medium (17 U.S.C. 102(a)) but never the underlying idea (17 U.S.C. 102(b)).
For a United States work, registration must be made before an infringement suit is instituted (17 U.S.C. 411(a)).
Trade Secret Claims
A federal trade secret claim requires a trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), and the information must meet the definition of a trade secret in 18 U.S.C. 1839(3): reasonable secrecy measures and independent economic value.
The Trade Secrets Protection Act (N.C. Gen. Stat. 66-152 to 66-157) may provide state-law claims alongside the federal action, with their own deadlines.
Remedies in Intellectual Property Cases
Relief in a patent case can include damages of at least a reasonable royalty with interest and costs, and enhancement up to three times in the court’s discretion (35 U.S.C. 284), and an injunction on reasonable terms under the principles of equity (35 U.S.C. 283).
A brand owner who establishes a violation may recover the defendant’s profits, damages sustained, and costs (15 U.S.C. 1117(a)), and can ask the court for an injunction to stop the violation (15 U.S.C. 1116(a)), both subject to the principles of equity.
A copyright owner can choose between actual damages plus the infringer’s profits attributable to the infringement, and statutory damages (17 U.S.C. 504(a), (b)), and statutory damages range from $750 to $30,000 per work as the court considers just (17 U.S.C. 504(c)(1)).
Delay in registering can cost more than time. Infringement that starts before the effective date of registration generally cannot support statutory damages or attorney’s fees, with the exception in 17 U.S.C. 412 for registration within three months after first publication.
The Defend Trade Secrets Act lists the remedies: an injunction, damages for actual loss and unjust enrichment (or a reasonable royalty), exemplary damages of not more than 2 times the damages for willful and malicious misappropriation, and attorney’s fees in the situations the statute names (18 U.S.C. 1836(b)(3)).
Not sure which type of protection applies? Get matched with an attorney.
Preparing for a First Conversation
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
Inventors should collect drawings, notes, and application numbers, and brand owners should collect the mark, examples of use, and any registration papers, before the first conversation.
Copyright matters call for the original work, dated versions, registration papers, and side-by-side examples of the copying. Trade secret matters call for a description of the information, a list of who had access, and the confidentiality measures that existed.
Goldsboro: Courts, Counties, and Getting Started
Goldsboro matters that reach federal court are heard in the Eastern District of North Carolina. Knowing which court you will be in matters because deadlines such as the three-year copyright and trade secret limits run regardless of the court.
Hurt in an accident rather than dealing with a patent, trademark, or copyright issue? Read our Goldsboro personal injury page. We connect people in Clayton, Raleigh, and Cary with local attorneys as well. The North Carolina intellectual property overview covers every city we serve across the state.
Frequently Asked Questions
Where is a patent infringement case filed?
In federal district court. The district courts have original jurisdiction of civil actions arising under patent law, and that jurisdiction is exclusive (28 U.S.C. 1338(a)). For Goldsboro, that is the Eastern District of North Carolina.
What is trademark infringement?
For a registered mark, it is using in commerce a reproduction, counterfeit, copy, or colorable imitation in connection with goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
Do I have to register a copyright before I sue?
For a United States work, yes. No civil action for infringement of the copyright may be instituted until preregistration or registration of the copyright claim has been made (17 U.S.C. 411(a)), with a provision for cases where registration was refused.
How long do I have to bring a trade secret claim under federal law?
Three years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered, and a continuing misappropriation counts as a single claim (18 U.S.C. 1836(d)).
Where does the federal court for Goldsboro hold court?
The Eastern District of North Carolina holds court in Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson (28 U.S.C. 113).
Can I register a trademark with the state of North Carolina?
Yes. A state registration is filed with the North Carolina Secretary of State under the Trademark Registration Act, Article 1 of N.C. Gen. Stat. chapter 80, and it is a separate filing from the federal application.
Why does timing matter in an intellectual property dispute?
Because federal statutes set fixed limits, such as three years for copyright (17 U.S.C. 507(b)) and for federal trade secret claims (18 U.S.C. 1836(d)), and six years of look-back for patent damages (35 U.S.C. 286), waiting can cost rights and money.
Can I protect software or written material?
Written material and other original expression fixed in a tangible medium can be protected by copyright (17 U.S.C. 102(a)), but not the underlying ideas, procedures, or methods of operation (17 U.S.C. 102(b)).
Get Started With an Attorney in Goldsboro
If you are unsure where to start, the form above is the simplest first step. It connects you with an attorney who can explain your options in Goldsboro and what the next few weeks may involve.
